The court emphasized the public interest in the resumption of government land for the construction of a bus stand, highlighting the doctrine of eminent domain and the principle that public necessity is greater than private necessity.

JUDGMENT

(Prayer: WP No.5141 of 2023 is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the sixth respondent herein to conduct inquiry as per the direction issued to him by his Superior Officer, the fifth respondent herein, in his Memo No.R.C.2665/B3/dated 20.10.2021 in a transparent manner on the basis of objective parameters on the issue of title to the land for which patta had been granted to the Gurukulam by the sixth respondent in his proceedings No.K.Dis.13337/87 B5 dated 13.06.1988.

WP No.6782 of 2023 is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the respondents pertaining to their acquisition process of the impugned land in S.No.632-10, 633, 634 and 635-1 in the Maharajapuram Keezhpathi Village that culminated with their entry upon that land with the display of poster on the wall of the compound of the impugned land on 27.01.2023/14.02.2023 declaring that the land belonged to the Municipality, Vedaranyam and quash the said process of acquisition, and, consequently, issue direction to the respondents to adhere to the procedure codified for normal acquisition process in Sections 5 to 8 and 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to identify suitable land for the said project.)

Common order:

1. WP No.5141 of 2023 has been instituted to direct the sixth respondent herein to conduct inquiry as per the direction issued to him by his Superior Officer, the fifth respondent herein, in his Memo No.R.C.2665/B3/dated 20.10.2021 in a transparent manner on the basis of objective parameters on the issue of title to the land for which patta had been granted to the Gurukulam by the sixth respondent in his proceedings No.K.Dis.13337/87 B5 dated 13.06.1988.

2. WP No.6782 of 2023 has been instituted to quash the display of poster affixed on the subject property and to direct the respondents to adhere to the procedure codified for normal acquisition process in Sections 5 to 8 and 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to identify suitable land for the said project.

3. The petitioner, which is Kasturba Gandhi Kanya Gurukulam, claims to be the Charitable Organisation.

4. The petitioner states that the Kasturba Gandhi Kanya Gurukulam, Vedaranyam was the Trust, which was constituted by the grandfather-Mr.A.Vedarathinam, who is the Managing Trustee, in the year 1946. The petitioner further states that the Trust was created by donating 8.25 acres of the land belonging to the grandfather-Mr.Vedarathinam, who is the Managing Trustee of the petitioner-Trust.

5. The learned counsel for the petitioner states that the land was assigned in favour of the petitioner-Trust for running a Charitable Institution. The petitioner narrates various incidents regarding the development of the Charitable Institutions and the services rendered by them for the welfare of the people of that locality.

6. The dispute aroused in view of the fact that the Government has decided to resume the land on the ground that the subject property is classified as ''Government Poramboke'' and further no assignment was granted in favour of the petitioner-Trust at any point of time by the Government.

7. The learned counsel for the petitioner-Trust mainly contended that the name of the petitioner-Trust has been entered into the Revenue Registers and the patta has been granted in favour of the petitioner- Trust and based on the patta, the petitioner-Trust is paying necessary taxes to the Local Authority and in occupation and enjoyment of the property.

8. That being the factum, the Authorities without any adjudication are now attempting to take away the property belonging to the petitioner-Trust.

9. The orde